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Suffering a brain injury can be a daunting experience. You may be unable to work and unsure of your next step. Knowing the proper steps to take can be crucial. Below, our attorneys outline four steps to take after a Maryland brain injury. These steps are applicable in almost any scenario. They are designed to protect your health and your legal right to compensation after an injury. By following these guidelines, individuals and their families can navigate the aftermath of a brain injury more effectively and lay a strong foundation for recovery and compensation. Having handled brain injuries in Maryland for 70 years, we understand firsthand how complex this process can be. While a simple four-step process does not even begin to cover all of the nuances that go into your case, it can be useful to understand the process at a macro level.
Step one acts as a launching pad for any personal injury case. Then, through steps two through four, we describe the essence of the legal process in broad strokes. Additionally, prior to consulting with a Maryland brain injury attorney, there are steps you should take. Of course, those steps vary slightly based on the nature of your injury. For example, you should take different steps after a car accident versus a slip-and-fall. Nonetheless, the general guidance remains the same. By following the recommended steps after a Maryland brain injury, you can navigate this process with greater clarity and confidence that you will have a foundation upon which to recover compensation proportionate to the damages you have suffered.
For a deeper dive into the recommended steps after a Maryland brain injury, contact our office today for a free consultation.
This is always the first step to take in any personal injury matter. When you suffer a brain injury, time may be of the essence to preserve optimal brain function and protect your health. For some brain injuries, the quicker you receive medical care, the better your odds of recovery. We recommend going to a hospital where there is a higher likelihood of specialists or neurologists, as opposed to your primary care physician. While your primary care doctor can refer you to an excellent specialist, you should seek medical attention immediately and not wait for the next available appointment if the injury is significant enough. Not only will this protect your physical health, but it will also begin the documentation process that is crucial in your legal case. This often includes imaging tests like MRIs or CT scans, which help diagnose the extent of the injury and guide further treatment.
From there, you may be referred to a concussion specialist, physical therapist, or some other specialist for follow-up care. If you do not seek immediate medical care or adhere to the follow-up care prescribed to you by the doctor, you may risk long-term health risks. There is much that doctors still do not fully understand about our brains. It is not a piece of your body to play around with. While there are critical advantages to getting early medical attention for your legal case, it is even more crucial for your mental and physical health to get the medical attention you need. When you go to the doctor for that immediate care, they will begin your documentation process. They will describe your physical condition, which proves valuable when establishing your damages at trial.
As the plaintiff in a Maryland brain injury case, we have the burden of proof. If we go to trial, we must prove each element by a preponderance of the evidence. That means we must convince a jury it is more likely than not that something occurred. This rule of evidence applies to every fact of your case. It applies to whether a car accident occurred at all, all the way to you being unable to work because of your brain injury. Even if we seek to settle your case, that negotiation happens with the understanding of how things would transpire if we go to trial. Consequently, the evidence we gather directly impacts the value of your case. To prove the extent of your brain injury, we first need to prove that the injury occurred. If you can, take photographs of the accident scene.
If you are in a car accident, take pictures of the cars, the traffic lights, stop signs, crosswalks, and anything else you think is pertinent. Call your Maryland brain injury attorney for assistance while at the scene if you are unsure or during any part of the process.
If you slip and fall in a store, report the incident. The store should create an incident report. Take photographs of the hazardous condition. If you are battered at a bar or nightclub by security, call the police. The more you do at the scene, the more evidence we will have. Of course, if you are in no condition to document the scene because of the severity of your injury, that is okay. Our attorneys will investigate and advise you on the following steps after a Maryland brain injury.
The steps to take after a Maryland brain injury revolve around what your attorney advises you to do. This is discussed in great detail during your initial case consultation. Note that the steps you should take differ depending on the nature of your case and your injuries. In some cases, we need to act quickly to preserve evidence. A Maryland brain injury lawyer can help you do this. We often conduct our investigation to ensure we collect all the pertinent facts to build a robust case for your recovery. Our attorneys will manage all legal aspects of your claim, allowing you to focus on your health and physical recovery. We understand the stress you are feeling and the pressure you are under. We act to simplify the process as much as possible while aggressively advocating on your behalf.
Resolution of your case can take many forms. It may occur via mediation, arbitration, trial, or days or weeks of settlement talks between the parties. We aim to recover the most considerable sum available to compensate you for your injuries. During our calculation of the value of your claim, we consider all damages, as well as all of the evidence available to us to prove those damages by a preponderance. This step may take time and requires patience and trust in the legal process. For example, getting into court can take upwards of one year in Maryland for a personal injury matter. This is simply the nature of the court system. Of course, we will attempt quicker avenues such as mediation, which is quicker and more cost-effective.
While every personal injury case is unique, the steps to take after a Maryland brain injury remain roughly the same. This guide is meant to act as a general outline of how your case will proceed. In some instances, one step can take far longer than in other cases. As always, it is best to retain trusted counsel for advice on your case as you are navigating the legal process.
If you believe you have a viable claim for a brain injury in Maryland, contact our office today at (202) 331-7227 for a free case evaluation.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.